Lokpal and Lokayuktas Act, 2013

Introduction

The Lokpal and Lokayuktas Act, 2013 is a landmark anti-corruption law in India that establishes the Lokpal at the central level and Lokayuktas at the state level to investigate and prosecute corruption cases involving public officials. It was enacted in response to the widespread public demand for a strong anti-corruption mechanism, notably led by activist Anna Hazare’s movement in 2011.

Contents

Introduction Objectives of the Act Key Features of the Act 1. Establishment of Lokpal (Section 3-6)2. Establishment of Lokayuktas in States (Section 63)3. Jurisdiction of Lokpal (Section 14)4. Powers of Lokpal (Section 25-30)Procedure for Inquiry & Investigation 1. Complaint Process (Section 23)2. Preliminary Inquiry (Section 20)3. Full Investigation (Section 23-26)4. Special Courts (Section 30)Lokpal Selection Process (Section 4)Whistleblower Protection Under the Act Landmark Case Laws on Lokpal 1. Common Cause v. Union of India (2018)2. Prashant Bhushan v. Union of India (2019)3. Jan Lokpal Bill Movement (2011-12)Challenges in Implementation Recent Developments & Reforms Comparison: Lokpal vs Lokayuktas Conclusion

Full Text of the Lokpal and Lokayuktas Act, 2013

Objectives of the Act

To establish an independent and effective mechanism to investigate corruption complaints.
To bring public servants, including the Prime Minister, Ministers, and MPs, under anti-corruption scrutiny.
To ensure accountability and transparency in governance.
To strengthen anti-corruption laws along with the Prevention of Corruption Act, 1988.

Key Features of the Act

1. Establishment of Lokpal (Section 3-6)

A statutory, independent body at the national level.
Responsible for inquiring, investigating, and prosecuting cases of corruption against public officials.
Lokpal consists of:
- Chairperson (should be a former Chief Justice of India, a Supreme Court judge, or an eminent person with integrity).
- Maximum of 8 members, with 50% from SC/ST/OBC/minorities and at least 50% judicial members.

2. Establishment of Lokayuktas in States (Section 63)

The Act mandates states to set up Lokayuktas to investigate state-level corruption cases.
States have the flexibility to frame rules and structures for Lokayuktas.
Powers of Lokayuktas vary across states.

3. Jurisdiction of Lokpal (Section 14)

Lokpal can investigate corruption allegations against:

Prime Minister (except cases related to national security, foreign affairs, and public order).
Union Ministers and Members of Parliament.
Group A, B, C, and D officers of the Central Government.
Public servants in organizations receiving more than ₹10 crore in government funding.
NGOs receiving foreign contributions above ₹1 crore.

4. Powers of Lokpal (Section 25-30)

Investigate complaints under the Prevention of Corruption Act, 1988.
Direct CBI investigations into corruption cases.
Power to prosecute public servants in special courts.
Confiscate property and assets acquired through corrupt means.
Recommend punishment or removal of corrupt officials.

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Procedure for Inquiry & Investigation

1. Complaint Process (Section 23)

Any person can file a written complaint against a public servant.
Complaint must be verified with evidence.
Anonymous or frivolous complaints are rejected.

2. Preliminary Inquiry (Section 20)

Lokpal orders a preliminary inquiry within 90 days.
If a case is found valid, CBI or other investigative agencies are directed to conduct a full investigation.

3. Full Investigation (Section 23-26)

Investigation should be completed within 6 months (extendable by 6 months).
Lokpal can recommend prosecution, dismissal, or suspension of an official.
If sufficient evidence is found, Lokpal files a charge sheet in a Special Court.

4. Special Courts (Section 30)

Corruption trials are conducted in Special Courts established under the Act.
Cases should be disposed of within 1 year.

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Lokpal Selection Process (Section 4)

The Chairperson and members of Lokpal are appointed by a Selection Committee, consisting of:

Prime Minister (Chairperson)
Speaker of the Lok Sabha
Leader of Opposition in the Lok Sabha
Chief Justice of India or a Supreme Court judge
An eminent jurist nominated by the President

Whistleblower Protection Under the Act

Lokpal has the power to protect whistleblowers.
Whistleblowers revealing corruption cannot be harassed or victimized.
Whistle Blowers Protection Act, 2014 complements Lokpal by ensuring safety for informants.

Full Text of Whistle Blowers Protection Act, 2014

Landmark Case Laws on Lokpal

1. Common Cause v. Union of India (2018)

Issue: Delay in appointing the Lokpal.
Judgment: Supreme Court directed the government to appoint the Lokpal without waiting for Leader of Opposition in Lok Sabha (as there was none).

2. Prashant Bhushan v. Union of India (2019)

Issue: Non-appointment of Lokpal since 2013.
Judgment: Supreme Court criticized the delay and directed the Centre to expedite the process.

3. Jan Lokpal Bill Movement (2011-12)

Public movement led by Anna Hazare demanding a strong Lokpal with independent powers.
Resulted in the passage of the Lokpal and Lokayuktas Act, 2013.

Challenges in Implementation

Delayed Appointments: Lokpal was appointed only in 2019, 6 years after the Act came into force.
Lack of Independence: Lokpal depends on government agencies like CBI for investigation.
Limited Jurisdiction over Private Sector: Only NGOs receiving foreign funding fall under Lokpal’s scrutiny.
State-Level Issues: Many states have not yet established Lokayuktas.

Recent Developments & Reforms

First Lokpal Appointed in 2019: Justice Pinaki Chandra Ghose was appointed as India’s first Lokpal.
Cases Taken Up by Lokpal: As of 2023, over 5,000 corruption complaints have been received.
Strengthening Lokpal: Supreme Court has emphasized making Lokpal more autonomous and efficient.

Comparison: Lokpal vs Lokayuktas

Feature	Lokpal	Lokayuktas
Jurisdiction	Central Government officials	State Government officials
Appointment	By Selection Committee (PM, Speaker, CJI, etc.)	By the respective state government
Investigation Agencies	CBI & other central agencies	State vigilance and ACB
Status	Mandatory by the Act	States have discretion in structuring

Conclusion

The Lokpal and Lokayuktas Act, 2013 is a crucial step in India’s fight against corruption. However, its effectiveness depends on timely appointments, autonomy from political interference, and strong enforcement mechanisms. While Lokpal at the national level is operational, many states have yet to fully implement Lokayuktas, making anti-corruption efforts incomplete.

Way Forward:

Ensure full implementation of Lokayuktas in all states.
Strengthen investigative independence (CBI should report directly to Lokpal).
Increase awareness among citizens to encourage reporting of corruption cases.